Smith v. Smith
Smith v. Smith
Opinion of the Court
Opinion op the Court by
Reversing.
Appellant, then twenty-nine years old, and appellee, then twenty-seven, were married in Chicago, Illinois, on June 2, 1905, and in' Í911 became residents of Paducah, Kentucky, where appellant appears to have since resided. This was the first marriage of appellant. Appellee was then the divorced wife of a former husband.
The issues made on behalf 'of the appellee all rest upon the evidence of two women, one of whom is the mother of the other, and by whose evidence we are not favorably impressed. A large part of it, more than thirty per cent, on direct examination is given in the form of a dialogue, the appellee’s attorney doing the testifying and the witnesses answering, “Yes, sir.” Seven witnesses who had equal or better opportunity than this mother and daughter to see and know about these same matters, contradict them and testify in support of appellant.
Moreover, these two witnesses offered by the appellee were discredited, and it was shown by those who knew their reputations in the communities where they resided that their reputations for truth and veracity were bad.
It, therefore, follows that the judgment dismissing the appellant’s petition entered on March 21, 1921, and from which this appeal has been prosecuted was and is erroneous, and same is reversed and this cause is remanded with directions to enter a judgment granting the divorce as prayed for by appellant.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.